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Kathleen R. Scanlan

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866.663.3308

415.964.2838

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Keller Grover / Our Team / Kathleen R. Scanlan
Kate.Scanlan@kellergrover.com

Kate brings more than two decades of experience to her clients. Throughout her career she has advocated primarily on behalf of plaintiffs employing her unique abilities to synthesize complex factual records to prove violations of law by corporations in industries from telecommunications and technology to banking, consumer credit and healthcare. She has achieved substantial success using private rights of action in federal and state laws including RICO and state consumer protection laws to expose corporate wrongdoing. For more than 16 years, Kate has exclusively represented whistleblowers using the Federal False Claims Act (FCA) and state versions of the FCA as well as a growing number of whistleblower programs, because the information whistleblowers can bring to the government with her assistance. is increasingly the most important tool for exposing any violation of the law.

Because of her expertise Kate is frequently invited to speak to national audiences of attorneys on a variety of topics impacting whistleblowers. She is also a member of The Anti-Fraud Coalition (TAF), a non-profit group dedicated to educating and empowering whistleblowers. She served as Chairwoman of TAF’s Public Education Committee to educate potential whistleblowers about whistleblower laws and their rights. Under her committee leadership TAF created a blog including a yearly series of posts called Fraud by the Numbers, as well as the podcast Fraud in America. She continues to volunteer her time to promote and develop special projects to further TAF’s mission to support whistleblowers in their efforts to report fraud.

Education

Trinity College, Hartford, CT – B.A., American Studies (1988)

University of California, College of the Law – J.D. (1998)

Bar Admissions

State Bars of California and Rhode Island.

United States District Courts for Northern, Central, Eastern and Southern Districts of California and the District of Rhode Island.

Notable Successes

United States ex rel Ormsby v. Sutter Health

  • False Claims Act settlement totaling $90M with more than half of recovery attributed to non-intervened claims Ormsby pursued after government declination.
  • One of the largest FCA settlements addressing Medicare Advantage fraud by a provider.
  • Novel theory of False Claims Act liability endorsed in reported decision at United States ex rel Ormsby v Sutter Health, 444 F. Supp 3d 1010 (NDCA 2020)

State of California ex rel Rudolph v. Essilor Laboratories of America, et al.

  • California Insurance Frauds Prevention Act settlement involving allegations of kickbacks and unlawful incentives to eye care providers totaling $23.8 million.
  • California Department of Insurance intervened as to all claims after nearly five year investigation supported by whistleblower’s counsel.

United States ex rel Macias v. Pacific Health Corp, et al.

  • False Claims Act Judgment for the United States and the State of California in a non-intervened case alleging widescale fraud using an unlawful kickback arrangement and improper psychiatric holds to bill Medicare and Medicaid for supposed care and treatment. Damages, trebled by the court, of more than $561 million plus post-judgment interest
  • Judgment for Ms. Macias of $1.04 million for retaliation she experienced exposing the fraudulent scheme.

United States ex rel Knoflick vs. Green Bag Co. et al

  • False Claims Act settlement totaling $500,000
  • Customs fraud violations involving misclassification of goods and two sets of books

Friedman v. 24-Hour Fitness USA, Inc.

  • RICO settlement valued at more than $295 million in case involving improper use of the Automated Clearing House (ACH)
  • Secured rare nationwide certification of a class of consumers harmed by improper charges taken from their bank accounts after they terminated gym memberships
  • Novel legal theory of RICO violation predicated on violation of Electronic Funds Transfer Act endorsed in three reported decisions: Friedman v. 24 Hour Fitness USA, Inc., 580 F.Supp.2d 985 (CDCA 2008); Friedman v. 24 Hour Fitness USA, Inc., 2009 WL 2711956 (CDCA 2009); Friedman v. 24 Hour Fitness USA, Inc., 2009 WL 3053711 (CDCA 2009)

Panel Presentations

“Focus on Fundamentals: Practical Points for Every FCA Case From Intake to Unsealing” – The Anti-Fraud Coalition Annual Conference, September 2024

“FCA State of Play 2023” with Deputy Assistant Attorney General Michael Granston, U.S Department of Justice, Civil Fraud Section – Federal Bar Association, November 2023

Focus on Medicare Part C” with Assistant Director Edward Crooke, U.S. Department of Justice, Civil Fraud Section – American Bar Association National Virtual Institutes Civil False Claims 2022, September 2022

COVID-19 Fraud: An Overview of Civil Enforcement under the False Claims Act” with Deputy Director Colin Huntley, U.S. Department of Justice, Civil Fraud Section – TAF Annual Conference, October 2020

Becoming Experts on Experts” with Senior Assistant Attorney General Candice Deisher, Virginia Attorney General’s Office – TAF Annual Conference, October 2018

“How to Proceed in Declined Cases” with Assistant U.S. Attorney Gregory David, U.S Attorney’s Office for the Eastern District of Pennsylvania and Supervising Deputy Attorney General Nicholas Paul, California Attorney General’s Medicaid Fraud Control Unit – TAF Annual Conference, November 2017

Publications

“An Ounce of Prevention is Worth Billions for a Cure” Fraud by the Numbers – TAF Coalition, September 27, 2024

“Why is the Government’s Best Weapon Against Fraud So Rarely Deployed to Combat Defense Fraud?” Fraud by the Numbers – TAF Coalition, September 9, 2024

“At Your Service: Government Procurement of Services” Fraud by the Numbers – TAF Coalition, September 22, 2023

“How Much Does a Pharmaceutical Product Cost the Government? It Depends…” Fraud by the Numbers – TAF Coalition, September 21, 2023

“Fraud By The Numbers 2023 – Introduction” Fraud by the Numbers – TAF Coalition, September 1, 2023

“Why Would Anyone Oppose Whistleblower Programs” with Jeb White, Fraud by the Numbers – TAF Coalition, September 30, 2022

“One Year’s Tax Revenue is Another Year’s Purchases of Drugs and Biologics” Fraud by the Numbers – TAF Coalition, September 25, 2022

“Paycheck Protection Program Fraud: All Cannot Be Forgiven” Fraud by the Numbers – TAF Coalition, September 22, 2022

“Weeding Between the Lines of DOJ’s Statistics on False Claims Act Fraud Recoveries” Fraud by the Numbers – TAF Coalition, September 1, 2022

“Fraud by the Numbers 2022” Fraud by the Numbers – TAF Coalition, September 1, 2022

“The Cinderella of Government Spending: Non-Defense Contracting” Fraud by the Numbers – TAF Coalition, September 27, 2021

“How Whistleblowers Can Combat COVID-19 Fraud” Fraud by the Numbers – TAF Coalition, September 15, 2021

“How the SEC Regulates $29 Trillion in Equities: The Basics of Securities Fraud” Fraud by the Numbers – TAF Coalition, September 13, 2021

Interviews/Quotes

Bloomberg Law, “Big 2025 FCA Cases Ponder Constitution, Causation, Cybersecurity” – December 31, 2024

Fraud in America, “Whistleblower Kathy Ormsby” with Kate Scanlan discussing U.S. ex rel Ormsby for Sutter Health – October 26, 2022

Fraud in America, “Whistleblower 101 with Kate Scanlan” – July 7, 2021

 

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